The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Tessa Stoltenburg.
Roll Call: All members present except Sens. Hundstad, Krebs, and Nygaard who were
excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Education respectfully reports that it has had under consideration
HB 1195 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration
HB 1128 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1153 and returns the same with the recommendation that said bill do
pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1083 and returns the same with the recommendation that said bill be
amended as follows:
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration HB 1084 which was deferred to the 41st Legislative Day.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1050, 1064, and 1212 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1047, 1063, and 1065 and returns the same with the recommendation that said bills do pass
and be placed on the consent calendar.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1192 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1059, 1079, and 1121 and returns the same with the recommendation that said
bills do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1227 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 4, 9, 14, 15, 23, 32, 35, 36, 38, 45, and 50 and finds
the same correctly enrolled.
The Committee on Legislative Procedure respectfully reports that SB 33, 34, and 51 were
delivered to his Excellency, the Governor, for his approval at 11:30 a.m., February 16, 2012.
I have the honor to return herewith SB 4, 9, 14, 15, 23, 32, 35, 36, 38, 45, and 50 which
have passed the House without change.
SENATE PAGE RESOLUTION 3 Introduced by: Senators Adelstein; Begalka; Bradford;
Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen, Tom; Haverly; Heineman; Holien;
Hundstad; Hunhoff, Jean; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson, Tom;
Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-seventh
Legislature of the State of South Dakota to Amy Beyl, Caley Dauwen, Zane Frederick,
Haley Hohn, Emily Ketteler, Lucas Peterson, Thea Rave, Madeline Schueller, Shelby
Simon, Tessa Stoltenburg
WHEREAS, the above named served loyally as pages for the Senate of the Eighty-seventh
Legislative Session; and
WHEREAS, the members of the Eighty-seventh Senate express their most sincere appreciation to these young people for their service to the state; and
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-seventh Legislature
of the State of South Dakota, that a personal copy of this resolution be duly certified and
furnished to each page on this last day of service.
Sen. Rave moved that Senate Page Resolution 3 be adopted.
The question being on Sen. Rave's motion that Senate Page Resolution 3 be adopted.
Which motion prevailed.
Sen. Olson moved that HB 1018 be deferred to Tuesday, February 21, the 24th legislative
day.
Which motion prevailed.
Sen. Olson moved that HB 1078 be referred to the Committee on Appropriations.
Which motion prevailed.
Sen. Gray moved that HB 1228 be referred from the Committee on Taxation to the
Committee on State Affairs.
Which motion prevailed.
SCR 6 Introduced by: Senators Heineman, Adelstein, Buhl, Cutler, Haverly, Johnston,
Kraus, Krebs, Novstrup (Al), Peters, Rampelberg, and Schlekeway and Representatives Gosch,
Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Deelstra, Dryden, Feinstein,
Gibson, Haggar, Hansen (Jon), Hawley, Hickey, Hubbel, Hunt, Jensen, Kirkeby, Kopp, Liss,
Lust, Magstadt, Olson (Betty), Romkema, Rozum, Schaefer, Sly, Stricherz, Tornow, Vanneman,
Verchio, Wick, and Willadsen
Was read the first time, the President waived the referral to committee, and placed SCR 6
on the calendar of Tuesday, February 21, the 24th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Health and Human Services on HB 1263 as found on page 432 of the Senate Journal; also
Local Government on HB 1131 as found on page 433 of the Senate Journal; also
State Affairs on HB 1046 as found on page 434 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Bradford requested that HB 1066 be removed from the Consent Calendar.
HB 1019: FOR AN ACT ENTITLED, An Act to revise the license fee for snowmobiles
and to revise the period of such license.
Was read the second time.
The question being "Shall HB 1019 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1032: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
temporary permit for a specialty license plate with an organization or first responder decal.
The question being "Shall HB 1032 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
platting and annexation of subdivisions.
Was read the second time.
The question being "Shall HB 1162 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1163 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1172: FOR AN ACT ENTITLED, An Act to exempt certain developer-installed storm
sewer detention ponds from public procurement bid requirements.
Was read the second time.
The question being "Shall HB 1172 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Was read the second time.
The question being "Shall HB 1173 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1233: FOR AN ACT ENTITLED, An Act to provide for the public access to the
records of former Governors and lieutenant governors.
Was read the second time.
The question being "Shall HB 1233 pass?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance
Guarantee Association may become obligated to cover for annuities, to provide for retroactive
application, and to declare an emergency.
Was read the second time.
Sen. Olson moved that HB 1071 be placed to follow HJR 1002 on today's calendar.
Which motion prevailed.
HB 1031: FOR AN ACT ENTITLED, An Act to establish a license fee and a renewal fee
for carriers licensing under the International Fuel Tax Agreement, to establish a decal fee and
a mailing fee, and to provide for the disposition of the fees.
Was read the second time.
The question being "Shall HB 1031 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
HB 1116: FOR AN ACT ENTITLED, An Act to exempt bedding used for agricultural
purposes from sales and use taxes.
Was read the second time.
And the roll being called:
Yeas 24, Nays 8, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien;
Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson (Tom); Putnam; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Adelstein; Brown; Heineman; Juhnke; Novstrup (Al); Olson (Russell); Peters; Rampelberg
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HJR 1002: A JOINT RESOLUTION, To propose a constitutional amendment to repeal
certain reimbursement restrictions for travel by legislators to and from a legislative session.
Was read the second time.
The question being "Shall HJR 1002 pass?"
And the roll being called:
Yeas 25, Nays 7, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Hunhoff (Jean); Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Peters;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Brown; Gray; Holien; Johnston; Juhnke; Olson (Russell); Putnam
Excused:
Hundstad; Krebs; Nygaard
So the resolution having received an affirmative vote of a majority of the members-elect,
the President declared the resolution passed and the title was agreed to.
Having had its second reading was up for consideration and final passage.
The question being "Shall HB 1071 pass as amended?"
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Maher;
Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Hundstad; Krebs; Nygaard
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
The President publicly read the title to
SB 4: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the
veterans' bonus program and to declare an emergency.
SB 9: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain
family physicians and dentists who have complied with the requirements of the physician tuition
reimbursement program and dental tuition reimbursement program and to declare an emergency.
SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol
or drug commitments.
SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
treatment of persons with mental illness, including consent to treatment.
SB 23: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled
substances schedule and to declare an emergency.
SB 35: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations
and increase certain civil penalties regarding pipeline safety inspection.
SB 36: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to
suppression of wildfires in the state and to declare an emergency.
SB 38: FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an
office building in Rapid City, to make an appropriation for the construction and renovation of
the office building, and to declare an emergency.
SB 45: FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend
the availability of appropriations to replace storage facilities at the Cottonwood Agricultural
Experiment Station.
SB 50: FOR AN ACT ENTITLED, An Act to revise the permissible uses of the cigarette
fire safety standard act fund.
HB 1042: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating
to the State Cement Plant Commission.
HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the
full-time equivalent staffing report.
And signed the same in the presence of the Senate.
SC 12 Introduced by: Senators Rhoden, Maher, and Nelson (Tom) and Representatives
Brunner, Olson (Betty), Romkema, Turbiville, and Wink
Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at
1:50 p.m. the Senate adjourned.